Revisional power of majistrate under sec 398 of cr.p.c
Pawan
(Querist) 07 May 2013
This query is : Resolved
Respected Experts,
I wish to know whether Session judge have power to call records when procedure is not followed by the court.
Let me appraise you all with the facts of the case.
I have been charged under sec 21(4) of MCCR Act (Mines act) 1957. SDM being complainant in this case has confiscated our vehicle. Now issue is that SDM is listing matter on holidays only and harassing the us.
We want to challenge the callous working of SDM office.
Kindly guide me.
Devajyoti Barman
(Expert) 07 May 2013
Sessions court have very much power to call for records of the case.
Raj Kumar Makkad
(Expert) 07 May 2013
How can an authority/person can be complainant as well as adjudicating authority and how can case be listed on holidays?
This is all abuse of power. Better to go before High Court in a writ under Art 227 of constitution.
Raj Kumar Makkad
(Expert) 07 May 2013
Sessions Judge has surely revisional jurisdiction.
Pawan
(Querist) 08 May 2013
Thank You Raj Sir and Devajyoti Sir for your suggestion. We approached Session Judge under the same provision for calling of Records, the same is still pending before the Hon'ble SDM court, Patiala House, New Delhi. Now ADJ is delaying the matter and ever time listing the matter for consideration.
